2021 Oregon Revised Statutes
Chapter 072 - Sales
Section 72.8180 - Buyer’s waiver of ORS 72.8010 to 72.8200.


Note: See note under 72.8010.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 02 - Business Organizations, Commercial Code

Chapter 072 - Sales

Section 72.1030 - Definitions and index of definitions.

Section 72.1040 - Definitions: "merchant"; "financing agency"; "between merchants."

Section 72.1050 - Definitions: "goods"; "future" goods; "lot"; "commercial unit."

Section 72.1060 - Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation."

Section 72.1070 - Goods to be severed from realty; recording.

Section 72.2010 - Formal requirements: statute of frauds.

Section 72.2020 - Final written expression: parol or extrinsic evidence.

Section 72.2040 - Formation in general.

Section 72.2060 - Offer and acceptance in formation of contract.

Section 72.2070 - Additional terms in acceptance or confirmation.

Section 72.2090 - Modification, rescission and waiver.

Section 72.2100 - Delegation of performance; assignment of rights.

Section 72.3020 - Unconscionable contract or clause.

Section 72.3040 - Price payable in money, goods, realty or otherwise.

Section 72.3050 - Open price term.

Section 72.3060 - Output, requirements and exclusive dealings.

Section 72.3080 - Absence of specified place for delivery.

Section 72.3090 - Absence of specific time provisions; notice of termination.

Section 72.3100 - Open time for payment or running of credit; authority to ship under reservation.

Section 72.3110 - Options and cooperation respecting performance.

Section 72.3120 - Warranty of title and against infringement; buyer’s obligation against infringement.

Section 72.3130 - Express warranties by affirmation, promise, description, sample.

Section 72.3140 - Implied warranty: merchantability; usage of trade.

Section 72.3160 - Exclusion or modification of warranties; livestock warranty.

Section 72.3170 - Cumulation and conflict of warranties express or implied.

Section 72.3190 - F.O.B. and F.A.S. terms.

Section 72.3200 - C.I.F. and C. and F. terms.

Section 72.3210 - C.I.F. or C. and F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival.

Section 72.3220 - Delivery "ex-ship."

Section 72.3230 - Form of bill of lading required in overseas shipment; "overseas."

Section 72.3240 - "No arrival, no sale" term.

Section 72.3250 - "Letter of credit" term; "confirmed credit."

Section 72.3260 - Sale on approval and sale or return; rights of creditors.

Section 72.3270 - Special incidents of sale on approval and sale or return.

Section 72.3280 - Sale by auction.

Section 72.4010 - Passing of title; reservation for security; limited application of ORS 72.4010.

Section 72.4020 - Rights of seller’s creditors against sold goods.

Section 72.4030 - Power to transfer; good faith purchase of goods; "entrusting."

Section 72.5010 - Insurable interest in goods; manner of identification of goods.

Section 72.5020 - Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency.

Section 72.5030 - Manner of seller’s tender of delivery.

Section 72.5040 - Shipment by seller.

Section 72.5050 - Seller’s shipment under reservation.

Section 72.5060 - Rights of financing agency.

Section 72.5070 - Effect of seller’s tender; delivery on condition.

Section 72.5080 - Cure by seller of improper tender or delivery; replacement.

Section 72.5090 - Risk of loss in the absence of breach.

Section 72.5100 - Effect of breach on risk of loss.

Section 72.5110 - Tender of payment by buyer; payment by check.

Section 72.5120 - Payment by buyer before inspection.

Section 72.5130 - Buyer’s right to inspection of goods.

Section 72.5150 - Preserving evidence of goods in dispute.

Section 72.6010 - Buyer’s rights on improper delivery.

Section 72.6020 - Manner and effect of rightful rejection.

Section 72.6030 - Merchant buyer’s duties as to rightfully rejected goods.

Section 72.6050 - Waiver of buyer’s objections by failure to particularize.

Section 72.6060 - What constitutes acceptance of goods.

Section 72.6070 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

Section 72.6080 - Revocation of acceptance in whole or in part.

Section 72.6090 - Right to adequate assurance of performance.

Section 72.6100 - Anticipatory repudiation.

Section 72.6110 - Retraction of anticipatory repudiation.

Section 72.6120 - "Installment contract"; breach.

Section 72.6130 - Casualty to identified goods.

Section 72.6140 - Substituted performance.

Section 72.6150 - Excuse by failure of presupposed conditions.

Section 72.6160 - Procedure on notice claiming excuse.

Section 72.7020 - Seller’s remedies on discovery of buyer’s insolvency.

Section 72.7030 - Seller’s remedies in general.

Section 72.7040 - Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

Section 72.7050 - Seller’s stoppage of delivery in transit or otherwise.

Section 72.7060 - Seller’s resale including contract for resale.

Section 72.7070 - "Person in the position of a seller."

Section 72.7080 - Seller’s damages for nonacceptance or repudiation.

Section 72.7090 - Action for the price.

Section 72.7110 - Buyer’s remedies in general; buyer’s security interest in rejected goods.

Section 72.7120 - "Cover"; buyer’s procurement of substitute goods.

Section 72.7130 - Buyer’s damages for nondelivery or repudiation.

Section 72.7140 - Buyer’s damages for breach in regard to accepted goods.

Section 72.7150 - Buyer’s incidental and consequential damages.

Section 72.7160 - Buyer’s right to specific performance or replevin.

Section 72.7180 - Liquidation or limitation of damages; deposits.

Section 72.7190 - Contractual modification or limitation of remedy.

Section 72.7220 - Who can sue third parties for injury to goods.

Section 72.7230 - Proof of market price: time and place.

Section 72.7250 - Statute of limitations in contracts for sale.

Section 72.8010 - Definitions for ORS 72.8010 to 72.8200.

Section 72.8020 - Manufacturer’s implied warranty of merchantability.

Section 72.8030 - Manufacturer’s implied warranty of fitness.

Section 72.8040 - Retailer’s or distributor’s implied warranty of fitness.

Section 72.8050 - Disclaimer of implied warranty of merchantability or implied warranty of fitness; manner and effect.

Section 72.8060 - Express warranty.

Section 72.8070 - Right to make express warranty; effect of express warranty upon disclaimer; duration of implied warranty of merchantability or implied warranty of fitness.

Section 72.8090 - Form of express warranty; designation of service and repair facilities.

Section 72.8100 - Manufacturer’s service and repair; facilities within state; nonconforming good; inability to service; buyer’s delivery or notice of nonconforming good.

Section 72.8110 - Retailer’s service and repair of nonconforming good in absence of manufacturer’s service and repair facilities within state; buyer’s delivery or notice of nonconforming good.

Section 72.8120 - Time for commencement of service and repair; effect of delay; tender of conforming goods.

Section 72.8130 - Liability to retailer of manufacturer not maintaining service and repair facility within state.

Section 72.8140 - Unauthorized or unreasonable use after sale.

Section 72.8150 - Service contract in addition to or in lieu of express warranty.

Section 72.8160 - Express warranty in addition to implied warranties.

Section 72.8170 - Authority of manufacturer who makes express warranty to suggest methods of effectuating service and repair.

Section 72.8180 - Buyer’s waiver of ORS 72.8010 to 72.8200.

Section 72.8190 - Status of remedies under ORS 72.8010 to 72.8200; effect of unconstitutionality.

Section 72.8200 - Operative dates.